HomeMy WebLinkAboutResolution - 2013-R0394 - Accept Easement - 11_21_2013RESOLUTION
,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby accepts on behalf of the City of Lubbock an
Easement as described on Exhibit "A" attached hereto and incorporated herein by
reference, located in Section 23, Block E, Lubbock, Lubbock County, Texas, and related
documents. Said Easement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
THAT the consideration for the Easement shall be $3,061.00 and that closing
costs shall also be paid in connection with the purchase of the property, said payments
approved herein.
Passed by the City Council on Novembe 21, 2013
,ATTEST: Karen Gibson, Mayor Pro Tenn
'Rebe ca Garza, City Secretary
APPROVED AS TQ CONTENT:
P - 1 14"j -
R. Keith mith, P.E., Director of Public Works
1s . a ..,
Dave Booher, Right -of -Way Agent
APPR YED AS TO FORM:
Chad Weaver, Assistant City Attorney
�vw:ccdocs/RES.EaseiTient-MarshalI
October 30, 2013
!~ Resolution No. 2013-R0394 EASE 9 PGS 7015004159
RETIJ,riN, V,IEST TEXAS TITLE COMPANY
FILE Nr`.
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS. THAT:
COUNTY OF LUBBOCK §
Lannie R. Marshall and wife. Valerie Marshall, hereinafter collectively referred to as
GRANTOR, for a valuable consideration. to it paid by The City of Lubbock, Texas (the
"Grantee") with offices at 1625 13)"' Street, Lubbock, Texas 79401, the receipt and sufficiency of
xvhich are hereby acknowledged, has granted and does by these presents grant unto Grantee the
following described perpetual exclusive easement, servitude and right-of-way, as described
herein (hereinafter called the "Easement") through, over, under, upon, across and within the
lands, described in Exhibit A (hereinafter called the "Lands" or "Easement Lands") situated in
Lubbock County, Texas.
Pipelines and Equipment
Grantor hereby grants to Grantee a perpetual exclusive Easement to install transmission
lines and to survey, construct, reconstruct, install, operate, inspect. maintain, alter, relocate,
replace, repair, and remove (hereinafter called `Permitted Uses") pipelines, conduits, drain
(blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion
monitoring test stations, pipeline markers, fence gates, impressed current deep well anode
stations with power supplies, flow meters, system communication lines and splice boxes,
pipeline trail road on non cultivated areas, and all other equipment and facilities related thereto,
or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to
the transportation of water and/or waste water through, under, upon, over, across and within the
Lands. Such perpetual exclusive Easement shall be as described herein and on Exhibit A
attached hereto and incorporated herein, and hereby made a part hereof by reference to describe
the Easement and the Lands.
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, this Easement is specifically made by Grantor and
accepted by Grantee subject to the following terms, covenants, obligations and conditions:
1. Grantee may use and occupy the Easement for the sole purpose of: (a) the
right to perform Permitted Uses related to the Pipeline System; (b) the right (for men,
material, and equipment) of ingress and egress and regress to and from and access on and
along said Easement granted herein, with the right to ingress and egress and regress to
and from and access on and along said Easement, for the Permitted Uses; and (c) the right
to locate the Pipeline System through, over, under, upon, across and within the Easement
for the purpose of water transportation.
2. Grantee covenants and agrees that its use of the Easement and its
operations conducted thereon shall, to the best of Grantee's ability, at all times comply
with all applicable local, state and federal laws, orders, rules, regulations, standards,
Pipeline Easement Agreement
licensing, permitting and other legal requirements including, without limitation, all
environmental laws, orders, rules, regulations, standards, licensing and permitting (the
"Legal Requirements"). Grantee agrees to construct the PipelineSystemin a prudent
manner, in compliance with all Legal Requirements, and with due care for Grantor's
property, business and operations. In the event it is discovered that Grantee is in
violation of any portion of the Legal Requirements, Grantee agrees to commence, upon
receipt of written notice of such violation, the process of curing such violation so that
Grantee will be in compliance with this subparagraph.
3. The Easement granted herein shall be for the transportation of water
and/or waste water, regardless of source, and shall continue in full force and effect unless
Grantee should abandon the Pipeline System as identified herein. The rights granted to
Grantee herein may be abandoned solely by a formal resolution of its governing body that
authorizes the abandonment of the Pipeline System. Any such abandorunent will not be
effective until it is evidenced by notice in writing, signed by the Grantee's official
representative, and filed of record in the county where the Lands are located.
4. The Easement Term is hereby defined as the period of time beginning with
the granting of the Easement and continuing until such time that the Easement is
abandoned by Grantee.
5. Unless Grantor agrees otherwise in writing, Grantee agrees that during
Pennitted Uses related to the Pipeline System, any and all trees, dirt, raw materials,
timber, wood, bushes, shrubs and brush, and other debris materials resulting from site
preparation cleared from the Easement shall, at Grantee's option, be either burned on site,
buried, or removed by Grantee from Grantor's property and disposed of properly. If such
debris is burned on site, the Grantee shall have constant watch over burn piles with
adequate fire fighting equipment on site.
6. Grantee shall keep the Easement in good order, condition and repair
following any work related to Permitted Uses on the Pipeline System.
7. Grantee shall be responsible for obtaining all permits necessary to
construct and operate the Pipeline System on the Easement. Without limiting the
foregoing, and to the extent required, Grantee will secure and maintain any and all
environmental permits required by the Texas Commission on Environmental Quality
covering the Easement.
8. During construction of the Pipeline System, Grantee shall provide
reasonable access to Grantor's property. Within the Easement, Grantee shall have the
right to cut fences and install gates to enable Permitted Uses for the Pipeline System.
9. This grant of Easement shall not preclude the right of Grantor to cultivate,
use, and enjoy the Lands for any purposes which will not constitute an interference with
the Easement, rights and privileges herein granted to Grantee, or endanger any of
Grantee's property at the sole discretion of the Grantee.
Pipeline Easement Agreement 2
10. Grantee shall exercise due care and diligence in the use of the rights and
privileges herein granted to it. In case of abandonment of said Easement as provided in 3
above, the title and interest herein granted shall end, cease, and terminate, and title to the
Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands.
11. Grantor warrants and represents that the title to the Lands described herein
are vested in the Grantor, free and clear of any liens and/or encumbrances save and
except those described on the attached Exhibit B. Grantor shall provide to Grantee an
executed release from any lien holder, tenant, lessee, or other party having an interest ill
the Lands other than those on the attached Exhibit B.
12. Subject to Section 11 hereinabove. Grantor shall procure and have
recorded without cost to Grantee all assurances of title and affidavits which the Grantor
may be advised by Grantee are necessary and proper to show in Grantor title sufficient to
grant the above easement free and clear of encumbrances other than those encumbrances
expressly defined herein. Abstracts or certificates of title or title insurance may be
procured by the Grantee at its expense. The expense of recording this Easement shall be
borne by Grantor. Grantee agrees to cooperate and aid Grantor, if necessary, to obtain
any curative documents needed.
13. "Grantee" when used in this instrument, shall include The City of
Lubbock's officers, agents, servants, employees, representatives, contractors,
independent contractors, subcontractors, and/or their equipment or vehicles.
14. Words of any gender used in this agreement shall be held and construed to
include any other gender, and words in the singular number shall be held to include the
plural, and vice versa, unless the context requires otherwise.
15. It is understood and agreed that this Easement is not a conveyance of the
fee estate for any of the Lands covered hereunder, but is only an easement through, over,
under, upon, across and within the Lands.
16. The provisions of this Easement shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties hereto.
17. This Easement contains the final and complete expression of the parties
with respect to any matter mentioned herein. No prior agreement or understanding
pertaining to any such matter shall be effective. This Easement may be modified in
writing only, signed by the parties in interest at the time of the modification.
18. In case any one or more of the provisions contained in this Easement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and
this Easement shall be construed as if such invalid, illegal or unenforceable provisions
had never been contained herein.
Pipeline Easement Agreement 3
14. Any notices or demands provided to be given herein by the parties shall be
in writing and mailed by certified or registered mail to the other party at the address set
forth above. Any notice or demand shall be deemed to have been received the earlier of
five (5) days after the date of mailing or the date of actual delivery as shown by the
addressee's certification or registry receipt.
20. Neither party shall be liable to the other party or any of such patty's
affiliates in any action or claim, including without any limitation, any action or claim for
loss of profit, loss of product, loss of use, or for indirect, consequential, punitive,
exemplary, special or other similar types of damages, regardless of how caused and
regardless of the underlying theory of recovery, and even if caused by the sole or
concurrent negligence of the responsible party.
A. To the extent that Grantor owns any portion of any mineral estate,
leasehold estate and/or royalty interest of any kind or character under the Lands defined
herein, Grantor surrenders and releases its surface drilling rights and all other rights of
surface use of the Easement and Lands incident to the production of oil. gas,
hydrocarbons, minerals, wind energy, and water production subject to the following
exception and limitation: 4
i) Grantor reserves and excepts from this release and retains for itself, its
successors and its successors -in -interest, all rights to explore for, to drill and
produce oil, gas and other hydrocarbons underlying or situated beneath the
Easement and Lands by any means whatsoever, including wells directionally
drilled from surface location on nearby lands so long as no surface operations are
performed on the Easement and so long as such operations will not interfere with
or endanger the operations or integrity of the Pipeline System and Permitted Uses.
ii) Grantor shall include the surface use restrictions and covenants provided
herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate,
wind rights or interests and water rights or interests.
21. Grantee shall have the right to approve the location and means of future
third -party pipelines which will cross Grantee's pipeline system and come within the
Easement. Grantee will not withhold reasonable crossing requests, but will act in a
manner to protect the Grantee's Pipeline System and Grantee's Easement,
22. This instrument may be executed in multiple counterparts and the
signature pages and acknowledgment pages combined to form one document for
recording purposes..
TO HAVE AND TO HOLD said Easement unto Grantee, its successors and
assigns for so long as the same shall be used for the purposes aforesaid subject to the
terms and conditions hereof.
Pipeline Easement Agreement 4
EXECUTED this 29"' day of January, 2015 ("Effective Date").
GRANTOR:
lyj�z� (J"�
Lannie R. Marshall
Valerie Marshall
GRANTEE:
The City of Lubbock, Tex
By: / r
Naive:
Title: MaVat L,►CV 0f 4"LOC4 .,
ATTEST:
Reb t
ca Garza, City ecre ry
APPROVED AS
T CON ENT:
C��
—L
APPRO
VED S FO
77t
/'
Ryan J. Bigbee, Attorney
Pipeline Easement Agreement 5
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas.
on this day personally appeared Lannie R. Marshall and Valerie Marshall, known to me to be
the persons whose names are subscribed to the foregoing instrument and acknowledged to me
that they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� �/ day of January, ,
2015.
'RY SANDRA K. SPENCER
Nftry Public We of Texas
Mywwtm EOW 12.18-2015
STATE OF TEXAS §
COUNTY OF LUBBOCK §
�ny
J
No ary Public in and for the State of Texas
My Commission Expires: /-�- -/If-"/S
This instrument was acknowledged before me on QrUArV 9 14, � , 2015, by GLEN
ROBERTSON on behalf of the City of Lubbock, a Texas Home Rule Corporation on behalf of
said Texas Home Rule Corporation.
CELIA WE
N,.,18ry Pubs iL, State of ! (•..has
My Corrrrissier ExPes 03-01.2018
Not`a Public, State of Texas
Printed Name of Notary
My commission expires: pl-of-pwi_?
Pipeline Easement AgTeement 6
"A"
South Lubbock Sanitary Sewer Extension
Parcel No. 22
N PERIMETER SURVEY O A 0.702 ACRE PARCEL LOCATED IN
SECTION 23, BLOCK E
SCALE: 1"=100'
LUBBOCK COUNTY, TF,XAS
_f3.33Acres
Oww.. Be-no-d Thve% ✓r.
VL71 7537, Pg. 268
�
0 4.72SAcrvs
Ouwrer. SIMley Smrfad
POINT OF BEGINNING
° CtFAcI7l003B450
Ll
Mawrnenl bens N. 88 5432" W.
a drslaite of l.QS"tram pace/ c
Maxrnent bens N. 88°5432" W.
o dislaeCe of l.05' from po-cel comer
_
I27'Fifec'fiir Pore- Lire Eaee+rn�r
Yd. 937 Pg, 561
'0
Mawmevl6eas S. 98' 432"E.
o dskwe of 0.60' from pace/ line
Vh�
ri C'v1
spa
Mawmenf bens S. 88�54 32"E.
o dslmce of 0.82 Irani pace/ c'arar
17.27Acrvs
Owvr- Bemmad Tmr/
Vol. 1932 Pg. 537
Line Table
Line
Length
Direction
LI
60,00'
S48' 54' 32"E
L2
509.61'
SOI' 57'51"W
1-3
60.00'
N88' 54' 32"W
L4
509.61' 1
N01' 57' 51"E
Ma vwf bees S, 88 54:i2" E.
a drslmre of 0.60' from pace/ line
c
LZ
�a0
r
Bearings arc relative to the Texas State Plane Coordinate
System, North Central Zone, COBS 90, Epoch 2002.0
Distances are surface, U.S. Survey foot.
Combined Scale Factor: 1.00024
Surveyed on the ground.
July 31, 2012
"L E, 0_0�L
J n . Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
Trrt.F: CONIMITMINT •01F.:
t:a,cntcm u4nnnahon shunt on this sung, ,,.r, takcn from title c„rnnutmcnt
pro,rded by West tc,as Talc Cnatpany. Talc Pohcy No 3717i ,+ath.m tssuc ditto of
Anwu,t 28, 2012. Sdredu}e -13" Lem 'c" ha,c been noted or shown hereon a, to the
exwrn they encumber thm e propc_ Sun c,or VIpre+x, no opinion regarding the
condinon or si f fterencc of the remaining hems listed in the commitment and this is
beyond the ,cope of Sune+or's son ice, and „r ceniticaturn. Record research done by
tit. ,Lin c'or was made nnlp for the pu po,e of doomurung the hotir'bn of this
property and of Ilse uloinirtg parcel, Rccord other thou the^,c ,lu-n on
rhu suney may c,r,r and encumber rlu, pit pent'
Mawo7wn! bean S. 88 154 2"E. 70.7Acrrs
a d'slance Of 0.82' frxn pace! comer Ow, Mafrd Ballell d Spence
Vol, 1938, "g. B6
of T�
JOHN E. ALLEN
.0 5895 v Q'
s s, OAP �C)�S
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
A- FOUND 314" IRON PIPE
-FOUND 1/2" ROD WITH CAP
O- FOUND 112" IRON ROD
-FOUND I/2" IRON PIPE
A legal description of even survc ^ date
hercvith accompanies this plat of survey.
Sheet I of 2
Copyright 2011 Iingo Rced and Associates, Inc. for the sole use of Title Co -
for GF r. and any Other idenfifiers as indicated in the ccrtificate.sho,m hcrcnn.
WYi]TRTT "Att
South Lubbock Sanitary Sewer Extension
Parcel No. 22
PERIMETER SURVEY OF A 0.702 ACRE PARCEL LOCATED IN
SECTION 23, BLOCK E
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.702 acre Parcel located in Section 23, Block E, Lubbock County, Texas,
and being a portion of a 4.00 acre tract described in Volume 6492, Page 124, Real Property Records, Lubbock County,
Texas, and a 1,00 acre tract described in County Clerk File Number 201 1013822, Official Public Records. Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the common line of said Section 23, Block E, and Section 7, Block E, Lubbock County, Texas,
also being the Northwest corner of said 4.00 acre tract and the Southwest corner of a 4.275 acre tract described in County
Clerk File 2010038450, Official Public Records, Lubbock County, Texas, and in the East line of 13.33 acre tract as
described in Volume 5291, Page 38, Real Property Records, Lubbock County, Texas, also being in the West line of a 60 foot
Lubbock County Right -of -Way as monumented on the ground, which bears S. 88'54'32 E. a distance of 1.05 feet from a 1/2"
iron rod found and S. 01'5T51" W. a distance of 53.84 feet from a 3/4" iron pipe found at the Northeast corner of the
Southeast Quarter of Section 7, Block E, Lubbock County, Texas;
THENCE S. 88054'32" E. along the north line of said 4.00 acre tract and the south line of said 4.73 acre tract, at 58.95 feet
pass a 1/2" iron pipe found, continuing for a total distance of 60.00 feet to a point in the East line of said 60 foot
Right -of -Way for the Northeast comer of this parcel;
THENCE S. 0105751" W. continuing along said Right -of -Way, at 407.64 feet pass the South line of said 4.00 acre tract and
the North line of said 1.00 acre tract, continuing for a total distance of 509.61 feet to a point, which bears N. 88054'32" W. a
distance of 0.82 feet from a 1 /2" iron rod with cap found, in the South line of said 1.00 acre tract and the North line of a 70.7
acre tract described in Volume 1939, Page 86, Deed Records, Lubbock County, Texas, for the Southeast comer of this
Parcel;
THENCE. N. 88"54'32" W. at distance of 59.18 feet pass a 1/2" iron rod with cap found, continuing for a total distance of
60.00 feet to a point in said common section line, also being the east line of a 13.33 acre tract described in Volume 5291,
Page 38, Real Property Records, Lubbock County, Texas, and the East line of said 60 foot Right -of -Way for the Southwest
corner of this parcel;
THENCE N. 01 057'51 " E. along said common section line and the East line of said 13.33 tract and the West line of said 60
foot Right -of -Way, at 101.97 feet pass the North line of said 1.00 acre tract and the South line of said 4.00 acre tract, at
123.56 feet pass the North line of said 13.33 acre tract and the South line of said 13.33 acre tract, continuing for a total
distance of 509.61 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S.
Survey Feet. Combined Scale Factor: 1.00024
A plat of even survey date herewith accompanies this legal description.
Surveyed on the ground
July 31, 2012
h E. Allen
R istered Professional
Land Surveyor No. 5895
State of Texas
l� O�TZ§.
4*'��
-
1
JOHN E, ALLEN
C` a�joq�
V7al
Sheet 2 of 2
EXHIBIT "B"
Deed of trust dated January 26, 2009, executed by Lannie R. Marshall and Valerie
Marshall, husband and wife, to Allan B. Polunsky, Trustee, for the benefit of Mortgage
Electronic Registration Systems, Inc., securing payment of one note of even date
therewith in the original principal sum of $80,000.00, payable to the order of City Bank
Mortgage as recorded under Instrument 42009003095, of the Official Public Records of
Lubbock County, Texas.
Contract for improvements with deed of trust and power of sale dated January 25, 2013
executed by Lannie R, Marshall and Valerie Marshall to Alan Lackey, Trustee, for the
benefit of Dynamic JMC Builders, LLC and assigned with the lien to Lone Star State
Bank of West Texas, securing payment of one note of even date therewith in the original
principal sum of $64,800,00, as recorded under Instrument #2013004253, of the Official
Public Records of Lubbock County, Texas.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
f
Kelly Pinion, County Clerk
Lubbock County TEXAS
February 10, 2015 01:55:24 PM 2@15004159
FEE: $58.00